Termination of Parental Rights as a Private Remedy: Rationales, Realities, and Alternatives

2021 ◽  
Author(s):  
Deirdre M. Smith
Keyword(s):  
Parental Rights ◽  
Termination Of Parental Rights

Child maltreatment and termination of parental rights: Can behavioral research help solomon?

1995 ◽  
Vol 26 (4) ◽  
pp. 599-623 ◽  
Author(s):  
Sandra T. Azar ◽  
Corina L. Benjet ◽  
Geri S. Fuhrmann ◽  
Linda Cavallero
Keyword(s):  
Child Maltreatment ◽  
Behavioral Research ◽  
Parental Rights ◽  
Termination Of Parental Rights

scholarly journals The Stability Paradox: The Two-Parent Paradigm and the Perpetuation of Violence Against Women in Termination of Parental Rights and Custody Cases

2021 ◽  
pp. 311
Author(s):  
Judith Lewis
Keyword(s):  
Violence Against Women ◽  
Partner Violence ◽  
Nuclear Family ◽  
Parental Rights ◽  
Sexual Offense ◽  
Best Interest ◽  
Termination Of Parental Rights ◽  
The Family ◽  
Women And Children ◽  
The Stability

Despite changing family compositions, entrenched in family law is the antiquated idea that a two-parent household, or its approximation vis-à-vis a shared custody arrangement, promotes stability and integrity and, thus, is in the best interest of the child. Yet, the concept that the two-parent household (or shared involvement of both parents in the child’s life if the parents separate) promotes stability for the family and is best for the child is a dangerous fallacy. When rape or intimate partner violence (IPV) is present, or the re-occurrence of violence remains a threat, the family unit is far from stable. This Article explores the legal system’s glorification of the nuclear family, its resistance to shifting away from the two-parent paradigm, and how this resistance creates a stability paradox and perpetuates violence against women and children. The harmful impact that the nuclear family paradigm has on families is further explored by an examination of the statutory constructs and judicial interpretations of termination of parental rights (TPR) and custody statutes in cases where a child is conceived as a result of rape or exposed to ongoing IPV. Cases are utilized to examine how courts have interpreted parental rights statutes where a child is conceived as a result of rape. Additionally, a hypothetical case is discussed to explore arguments that may be advanced in TPR cases where children are exposed to ongoing IPV. The Article finds that although there are inherent problems in enacting statutes to terminate parental rights in cases involving rape or IPV, legislation is also a necessary tool for survivors. Model legislation is proposed for termination of parental rights in cases where a child is conceived as a result of a sexual offense or when a child is exposed to ongoing IPV.

Psychological Bonding Evaluations in Termination of Parental Rights Cases

2005 ◽  
Vol 33 (3) ◽  
pp. 387-411 ◽  
Author(s):  
Natalie M. Barone ◽  
Elayne I. Weitz ◽  
Philip H. Witt
Keyword(s):  
Child Abuse ◽  
Child Protection ◽  
Foster Parents ◽  
Psychological Evaluation ◽  
Parental Rights ◽  
Protection Agency ◽  
Core Component ◽  
Termination Of Parental Rights ◽  
Psychological Evaluations

Involuntary termination of parental rights is one of the most extreme steps the court can take in intractable child abuse cases. Frequently, the court or the child protection agency requires a psychological evaluation of biological or foster parents under these circumstances. One core component of such evaluations is an assessment of the child's psychological bond with various caretakers, sometimes referred to as a bonding evaluation. This article describes the principles underlying such psychological evaluations and describes accepted methods of conducting these evaluations.

Conclusion

2017 ◽  
Author(s):  
Catherine E. Rymph
Keyword(s):  
Foster Care ◽  
Child Welfare ◽  
Low Income ◽  
Parental Rights ◽  
Birth Mothers ◽  
Termination Of Parental Rights ◽  
Foster Mothers

The conclusion briefly summarizes some of the developments in foster care in the 1970s, 1980s, and 1990s, including the rise of the permanency movement, the passage of the 1980 Adoption Assistance and Child Welfare Act, and the 1997 Adoption and Safe Families Act, each of which shaped the development of foster care, particularly in the areas of subsidized adoption and easier paths to Termination of Parental Rights (TPR). The conclusion also argues that society’s reluctance to adequately support low income birth mothers and low paid foster mothers is part of a broader ambivalence about careworkers in general.

Adoption

2021 ◽  
pp. 205-238
Author(s):  
Sanford N. Katz
Keyword(s):  
Child Welfare ◽  
State Regulation ◽  
Individual Autonomy ◽  
Parental Rights ◽  
Parent Child Relationship ◽  
Termination Of Parental Rights ◽  
Adoptive Family ◽  
The Past ◽  
Child Relationship ◽  
Private And Public

This chapter addresses the establishment of a new parent–child relationship through adoption. It explores the recurring tension between individual autonomy and state regulation in the placement of children for adoption, and how it is reflected in the major developments in adoption in the past half-century. During the twentieth century, adoption was a specialized child welfare service performed by social workers in private and public child welfare agencies. Whether a birth mother relinquished her infant for adoption voluntarily or whether adoption was the final outcome of a child dependency proceeding, the articulated goal, sometimes achieved and sometimes mere rhetoric, was to advance the best interests of the child. These two tracks—voluntary relinquishment and involuntary termination of parental rights—resulting in adoption have given rise to dual systems in the past forty years. Even though the ultimate outcome of adoption for children from either system may be the same in terms of a court establishing the adoptive status, there is a major difference in goals. The goal of the voluntary system may well be to provide a childless couple with an infant so as to continue the adoptive family name. The aim of dependency proceedings resulting in the termination of parental rights is to protect children, and the disposition of adoption is a vehicle for providing a child with a permanent attachment to a family.

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